Montana State Legislature

Committee Topic: Civil/Forensic Commitments (HB 872 Commission request)

Interim committees may take up other matters related to the agencies and topic areas they oversee. Depending on whether members put greater or less emphasis on their statutory duties related to interim studies and agency monitoring, they have more time to focus on LJIC-relevant member issues.

Members may propose investigation of emerging issues at any time during the interim. Agencies may also request that the Committee study an emerging issue that has resulted from court decisions, federal actions, or another cause.

Emerging issues are not necessarily member issues and may be raised by an agency or by staff. However, to be on the agenda, the presiding officer or other LJIC member must request agenda time.

Civil/Forensic Commitments Related Materials:

September 2023:
During the 2023 session, the Legislature passed House Bill 872 which established the Behavioral Health System for Future Generations Commission. Rep. Bob Keenan, commission chair, requested LJIC conduct a statutory review of the civil and forensic commitment systems to assist the commission. The committee heard concerns from commission members and stakeholders, and ultimately amended its work plan to devote a low level of study to this topic.

LJIC allocated a total of .15 FTE to this topic. Members asked staff to review panels conducted by the commission and return with options for potential statutory changes the committee may address in the time allotted. Members also requested information on model behavioral health facilities in Rapid City, SD.

Meeting Materials:

• Email from commission chair - Rep. Keenan
• Outline of statutory issues - Chad Parker, DPHHS
• Flow chart of commitment processes - Chad Parker, DPHHS

November 2023:

Legal staff presented an updated memo on the civil and forensic commitment processes and the committee discussed options for study direction. The committee requested that legal staff establish a working group with other stakeholders and present potential statutory changes to the committee.

Meeting Materials:

• Memo re: commitment processes - Julianne Burkhardt, LSD Staff Attorney
• Study options - Sara Hess, LSD Research Analyst
• House Bill 872 Commission outline - Chad Parker, DPHHS
• Flow chart of commitment processes - Chad Parker
• HJ 4 Final Report (2021-22 Interim) - Rachel Weiss, LSD Research Director
• South Dakota Care Campus - NCSL

February 2024

The committee heard a panel presentation from a work group of stakeholders including LSD legal staff, DPHHS legal staff, a district judge, a county attorney, a public defender, and a forensic psychologist. The panel discussed recommendations for statutory changes related to civil and forensic commitments in Montana. 

The committee also heard from Sen. Barry Usher and NCSL staff about behavioral health facilities in Rapid City, SD and a recent visit made by Montana stakeholders.

Meeting Materials:

• Admissions Flowchart
• Forensic Evaluations in Montana
• Care Campus PowerPoint presentation
• Care Campus Overview
• Rapid City, South Dakota: Quality Of Life Unit Supports High-Need Individuals
• Pivot Point Brochure

Additional Materials:

• MT SD Review Powerpoint

May 2024:

The committee reviewed a draft final report from the work group which included options for potential statutory changes. The committee did not request amendments to the report or further action. 
Meeting materials: 

• Work group DRAFT report - Julianne Burkhardt, Staff Attorney, LSD